High Court · 2025

Petition under section 1 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct Respondent Nos. 2, 3 & 4 to forthwith resume the erection procedure for the election of Respondent No. 5's Managing commiftee from the stage of receipt of nominations by Respondent No.4 and to comprete the erection process within a period of one week pending disposal of the writ petition. Counsel for the petitioners: SRI M.PRATHEEK REDDY Counsel for the Respondent Nos.1 fO +: CCfdn CoOpenAnOru Counsel for the Respondent No.S: _ The Court made the following: ORDER I THE HONOUBABLE SMT.WSTICE T.MADIIAVI DEVI ur.P.No. 35951 0F 2024 ORDER: This Writ Petition is frled for the following relief:- '...to issue a urit of manius declaing the action of Respondent No.3 in issuing proceedings uide Rc.No 1 3 3 2 / 2 O 2 4 / H sg dt 1 6. I 2. 2 02 4 reque sting Re spondent No.2 to postpone th-e elections scheduled for 17.12. 2O24 to Responlent No.S's Managing Committee and. the cotlseE)ent action of Respondent No.2 in issuing Rc. No.5O31/ IIYD/ SCEA/ 2024 dt 16.12.2024 cancelling tlrc soid elections as illegal, arbitrary, unreo.sorutble against the pinciples of natural justice and in uiolntion of the proui.sion-s of the Telongana Cooperotiue Socxeties Act, 1964 and tlrc Telangana Cooperatiue Societies Rules, 1964 to consequen*g direct Respondent Nos.2, 3 and 4 to forthu.tith conduct the elections to Respondent No.S's Managing Committee and to poss..." I I

2. When the matter is taken up for hearing, it is srrbmitted by the learned cciunsel for the petitioners that the lis in the present Writ Petition is squarely covered by the order of this Court dated 06.01.2025 in W.P.No.36582 of 2024 and the same is not disputed by the learned Government Pleader appearing for the respondents.

3. In view of the same and for reasons a-like, this Writ Petition is disposed of in terms of the order dated O6'O1'2025 in W.P.No.365a2 of 2024. There shall be no order as to costs'

4. The office is directed to append a copy of the order dated 06.11..2025 in W.P.No.36582 of 2024 to this Writ ^1 Petition for ready reference. 5 Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// SD/- T. TIRUMALA DEVI ASSISTANT REGISTRAR To secriro:/orncen Iiijj*"fj:f3/, Department of cooperation, Secretariat, Hyderabad, State , 2. The Additio'ral Reoistrar /State Cooperative Election Authority (FAC). 3rd ^ !! oo'_, G ru ha ka I pa :ml,^ql,i.,xfirr$l*fg;+l,li;t**1+fiU;a*,,}:fe:;"., idt.:'sii'F[5'J,"b ru n a rai pa, N a m pa r ry,, u i rot ns, t ii m p iliv]' r_r vo""E Fr"j:rc o r a no a t, HyoLia o a; -D -B HffJ.3"j"oo"

5. One CC to SRt M.PRATJIE^E( RED_Dy, Advocate tOpUCl ' ],-,1,133; [", 9 7. Tyvo CD Copies c o oE RAi-r o t'i 531 e, " (Along with a coov of the order dated 06.01.2025 in Wp.No.36582 of 20241 HE h"d6 L?tio r ttr o s ta te or re ra ns a n a, PSK. % ,*"- i i ! 4 i r -t - , {-.-ii. ! 6s E ) \ i ,r-, .*& l-v' HIGH COURT DATED:0710112025 ORDER WP.No.36961 of 2024 <: J o HE S] 4 14: 1 o I g JAN 7[25 -,, ZI L'; * o E:r t-,/.,1 : ' - 1 .. ) .,t' ,U:, 1 1 DISPOSING OF THE WRIT PETITION WTHOUT COSTS { THE HONOURABLE SMT.JUSTICE T. MADIIAYIDEYI WRIT PETITION NO.36582 OF 2024 ORDER In this Writ Petition, the petitioner is challenging the action of respondent No.3 in issuing the impugned proceedings dt.16.12.2024 cancelling the elections to be held on 17.12.2024 to the petitioner's society as per the election Notification dt.13.12.2024. It is submitted that after issuance of the election notification, the respondent authorities could not have cancelled the same and therefore, it is illegal and arbitrary

2. Leamed Govemment Pleader for Cooperation has obtained written instructions, according to which, the elections were to be held on

17.12.2024 and while the respondent authorities were in tlre said process, one Prof. J. Prabhakar Rao, member of the petitioner's society, has submitted a representation on 13.12.2024 raising certain allegafions on the voters list of the said society. It is submiued that respondent No.4 has submitted a report stating that on examination of the voters list of previous years, it was observed that there is a huge discrepancy in the I I 2 w.P. No.36582 of 2024 number ofvoters ofthe years 2006 (700 approximately), 2011 (16a) and 2024 (25) and therefore opined that the matter needs to be enquired into in detail in view of the discrepancy in the number of voters. Taking the same into consideration, respondent No.3 has issued the impugned orders dt.16.12.2024 canee\ling the election of the petitioner's society with a direction to respondent No.2 to fumish fresh a proposal after veriffing all records of the society and following due procedure as prescribed in the Telangana Cooperative Societies Act. The learned Govemment Pleader submitted that after verification of the voters list, the official respondents would initiate the election procedure afresh.

3. Having regard to the rival contentions and the material on record, this Court finds that the Hon'ble Supreme Court in a number of cases has held that the election notification, once issued, cannot be cancelled. However, in thisi case, elections have been cancelled on the ground of discrepancy in the voters list of the society and the date of election, i.e.,

17.12.2024 has since passed. Having regard to the discrepancy in the number of voters of the society and that there are only 25 memberi in the year 2024, this Court is also primafacre satisfied that there appears to be discrepancy which needs verification and enquiry. 3 W.P, No.36562 of 2024 4- Therefore, this Court directs respondent No.4 to consider and veri$/ the voters list of the petitioner society and also objections, if any, of the members of the society and finalise the voters list on or before 3l -01-2025 and thereafter, issue notification for conduct of elections to the managing committee of the society. Learned counsel for the petitioner has submitted that the term of the society would end on

05.02.2025. Therefore, the respondent authorities are directed to appoint a person in-charge for conduct of elections, if it is not possible to conduct the elections and declare the results before 05.02.2025.

5. The Writ Petition is accordingly disposed of. No order as to costs.

6. Pending miscellaneous petitions, if any, in this Writ petition shall stand closed. Date:06.01.2025 Sw JUSTICE T. MADHAVIDEVI r i l